Labor and Employment Law Commons^™

I’M The One Making The Money, Now Where’S My Cut? Revisiting The Student-Athlete As An “Employee” Under The National Labor Relations Act, John J. Leppler

Pace Intellectual Property, Sports & Entertainment Law Forum

This Article argues why the National Collegiate Athletic Association’s (NCAA) Big-Time Division I College Football and Men’s Basketball student-athletes are legally “employees” and why these student-athletes are inadequately compensated for their revenue-producing skills.

Part II of this Article sets forth the common law “right of control” test and the National Labor Relation Act’s (NLRA) special statutory test for students in a university setting, and shows how the National Labor Relations Board (NLRB) and the judiciary determine whether a particular person, specifically a university student, meets these standards and is legally an “employee”. Moreover, the NCAA asserts it does not have …

Neither Panacea, Placebo, Nor Poison: Examining The Rise Of Anti-Unemployment Discrimination Laws, Seth Katsuya Endo

Pace Law Review

Since 2009, the unemployment rate in the United States has remained above eight percent, which means that more than twelve million individuals have been looking for work at any given time. With so many affected individuals, unemployment has become an issue of public concern, particularly as stories describing employers refusing to consider currently unemployed candidates for job opportunities have proliferated. In response to these trends, about twenty states and the federal government have passed, or are considering, legislation designed to prohibit employers from discriminating against individuals based on their employment status.

The goal of this Article is to survey the …

Workplace Democracy For The Twenty-First Century? Rethinking A Norm Of Worker Voice In The Wake Of The Corporate Diversity Juggernaut, Cynthia Estlund

Nevada Law Journal

No abstract provided.

Unions And Campaign Finance Litigation, Charlotte Garden

Nevada Law Journal

No abstract provided.

Citizenship At Work: How The Supreme Court Politically Marginalized Public Employees, Ruben J. Garcia

Nevada Law Journal

No abstract provided.

Women, Unions, And Negotiation, Nicole Buonocore Porter

Nevada Law Journal

No abstract provided.

Public Sector Labor Policy: A Human Rights Approach, Robert Hebdon

Nevada Law Journal

No abstract provided.

Labor Law And The Race To The Bottom, Steven L. Willborn

Mercer Law Review

The overwhelming consensus in American legal scholarship is that races to the bottom are real, strong, and very threatening. Since 2001, about 85% of labor-law articles discussing race to the bottom have accepted it, most of them uncritically. Only a few articles have expressed skepticism.

The strength of this consensus is odd in a number of respects. First, in other, more empirically driven disciplines, the consensus cuts strongly in the opposite direction. Since 2001, 70% of the articles mentioning race to the bottom in economics and political science were skeptical of the claim, and, whether accepting or rejecting it, none …

The Analysis Of The Hcs Department's Injury And Illness Prevention Program, Matthew Evers

BioResource and Agricultural Engineering

The Horticulture and Crop Science department had created their own Injury and Illness Prevention Program (IIPP) which was placed online using Cal Poly’s “PolyLearn” module. The program had just been created and generally covered some of the basic IIPP elements required by CalOSHA law, however it had various points of improvement to fulfill all IIPP regulations. It was found that the program content was not in compliance with CalOSHA laws regarding hazard inspection, training, and record keeping, but through meetings with the various department staff, these areas were brought into compliance with CalOSHA requirements, or are expected to be …

Introduction: Democracy At Work, Ruben J. Garcia

Nevada Law Journal

No abstract provided.

What's So Reasonable About Reasonableness? Rejecting A Case Law-Centered Approach To Title Vii's Reasonable Belief Doctrine, Matthew W. Green Jr.

Law Faculty Articles and Essays

The article critiques recent application of the reasonable belief doctrine under Title VII of the Civil Rights Act of 1964. Title VII’s anti-retaliation provision, in pertinent part, provides that “it shall be an unlawful employment practice for an employer to discriminate against any of his employees … because he has opposed any practice made an unlawful employment practice [under Title VII].” Literally read, the provision requires that an employee oppose a practice Title VII actually makes unlawful. If the employee does so and is retaliated against, the statute affords the employee relief. While the U.S. courts of appeals have …

Founding Worker Cooperatives: Social Movement Theory And The Law, Ariana R. Levinson

Nevada Law Journal

No abstract provided.

Unions As Conduits Of Democratic Voice For Non-Elites: Worker Politicization From The Shop Floor To The Halls Of Congress, Michael Wasser, J. Ryan Lamare

Nevada Law Journal

No abstract provided.

Undermining Or Promoting Democratic Government?: An Economic And Empirical Analysis Of The Two Views Of Public Sector Collective Bargaining In American Law, Kenneth G. Dau-Schmidt, Mohammad Khan

Nevada Law Journal

No abstract provided.

Sewer Syndicalism: Worker Self-Management In Public Services, Eric M. Fink

Nevada Law Journal

No abstract provided.

Teacher Working Conditions With And Without Collective Bargaining, Clifford B. Donn, Rachel E. Donn, Lloyd Goldberg, Brenda J. Kirby

Nevada Law Journal

No abstract provided.

Slides: “Human Sustainability” In Natural Resources Industries: The New Frontier In Compliance, Social Responsibility, Disclosure, And Transparency, T. Markus Funk

Natural Resource Industries and the Sustainability Challenge (Martz Winter Symposium, February 27-28)

Presenter: T. Markus Funk, Partner, Perkins Coie

21 slides

Paid Leave In Mississippi: Analysis And Recommendations, Harvard Law School Mississippi Delta Project

Delta Directions: Publications

Although federal law guarantees many workers the right to take unpaid medical leave, workers currently have no federal right to paid leave. This means that many workers cannot afford to take leave to recover from an illness or seek medical care for themselves or their dependents. The lack of paid leave also poses significant costs for communities by discouraging the use of preventative care, spreading disease, decreasing employee performance, and increasing employee turnover. While some state and local governments around the country have tried to address these problems by passing laws that require employers to provide paid sick leave, Mississippi …

Participation As A Theory Of Employment, Matthew T. Bodie

Notre Dame Law Review

The concept of employment is an important legal category, not only for labor and employment law, but also for intellectual property law, torts, criminal law, and tax. The right-to-control test has dominated the debate over the definition of “employee” since its origins in the master-servant doctrine. However, the test no longer represents our modern notion of what it means to be an employee. This change has played itself out in research on the theory of the firm, which has shifted from a model of control to a model of participation in a team production process. This Article uses the theory …

Weathering Wal-Mart, Joseph A. Seiner

Notre Dame Law Review

In Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2531 (2011), the Supreme Court held that a proposed class of over a million women that had alleged pay and promotion discrimination against the nation’s largest retailer could not be certified. According to the Court, the plaintiffs had failed to establish a common thread in the case sufficient to tie their claims together. The academic response to Wal-Mart was immediate and harsh: the decision will serve as the death knell for mass employment litigation, undermining the workplace protections provided by Title VII of the Civil Rights Act of 1964 (Title VII). …